SHERMAN, Texas (CBSNewYork/AP) — An arbitrator denied Dallas running back Ezekiel Elliott’s appeal of a six-game suspension in a domestic violence case Tuesday, but the 2016 NFL rushing champion will play in the opener against the New York Giants because of the timing of the decision.
Elliott attorney Jeffrey Kessler told the judge near the end of a nearly 2 1/2-hour hearing in federal court that Elliott’s suspension was sustained by arbitrator Harold Henderson.
At the start of the hearing, NFL attorney Daniel Nash told the judge it was “his understanding” that Elliott could play Sunday night against Big Blue because Henderson’s ruling came too late in the day for it to be enforced this weekend.
U.S. District Judge Amos Mazzant said he would rule on Elliott’s request for a temporary restraining order by Friday.
“We are extremely disappointed with Mr. Henderson’s inability to navigate through league politics, and follow the evidence, and, most importantly, his (sic) conscience,” attorneys Frank Salzano and Scott Rosenblum said in a statement released after the hearing.
Elliott was suspended by Commissioner Roger Goodell after the league concluded he had several physical confrontations last summer with Tiffany Thompson, a former girlfriend. Prosecutors in Ohio didn’t pursue the case, citing conflicting evidence.
The 22-year-old Elliott denied the allegations in sworn testimony during an appeal hearing last week. He attended Tuesday’s hearing in Sherman, about 65 miles north of Dallas, wearing a suit and tie and facing away from the audience while mostly facing the judge.
The NFL Players’ Associated sued in federal court on behalf of Elliott last week before Henderson even ruled, saying the appeal hearing was “fundamentally unfair” because the running back was prevented from confronting his accuser in the Ohio case.
Kessler reiterated most of the NFLPA’s arguments before Mazzant, who pressed Nash for answers on the claim from Elliott’s legal team that a co-lead investigator who questioned Thompson’s credibility was left out of a key meeting with Goodell during the yearlong probe.
According to the letter Elliott received informing him of the suspension last month, the NFL believed he used “physical force” three times in a span of five days in a Columbus, Ohio, apartment last July resulting in injuries to Thompson’s face, neck, shoulders, arms, hands, wrists, hips and knees.
Prosecutors in Columbus decided about a year ago not to pursue the case in the city where Elliott starred for Ohio State, but the NFL kept the investigation open. The league said its conclusions were based on photographs, text messages and other electronic evidence.
Last year, Elliott missed a large portion of the preseason because of a hamstring injury before rushing for 1,631 yards and helping the Cowboys to a 13-3 record. The Cowboys didn’t use Elliott in the first three preseason games but he had eight touches in 10 plays in his only series in the finale against Oakland as the appeal case played out.
(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)